Michigan is one of the leading states in foreclosures. This article is about ways to stop foreclosures in Michigan.
We are not attorneys, but real estate investors, so make sure you check anything we say with an attorney if you want professional legal counsel.
The first way you can stop the foreclosure is via a preforeclosure sale quickly.
After you have missed 3 mortgage payments in a row, you will be considered to be in preforeclosure. The foreclosure clock is now ticking and it will be 28 days before your home is auctioned off on the country courthouse steps by the sheriff.
For each week of those 28 days, an attorney working on behalf of your mortgage lender (which is probably a bank) will file your information as part of the public record. Anyone in the public can access this information....and it is usually listed in a paper called the Legal News. The Legal News will vary depending on which county you live in.
We live in Washtenaw County, so any preforeclosures will be listed in the Washtenaw County Legal News. You may be outraged that your impending foreclosure is public record, but that's just the way it works.
Stop Foreclosures in Michigan
So, a preforeclosure sale is when you attempt to sell your house quickly while it is in preforeclosure stage so you can avoid the foreclosure altogether. Because of the fast nature of the sale, you may not have time to work with a real estate agent trying to get top dollar for your home.
Real estate investors may be willing to buy your home if there is a fair amount of equity in it and you are willing to give up that equity or part of it for a quick solution to your problems.
Another strategy is to do a short sale. This is not something you can do, but an experienced real estate investor may be able to pull it off for you.
Here's how it works: you work with a real estate investor and give him permission to short sale your home. The investor then works with your mortgage lender, building a case for your hardship and why they do not want to take the property back at the sheriff's auction. (And, the bank does NOT want to take it back. The foreclosure process costs them tens of thousands of dollars, and banks are in the business of loaning money and making money on interest, not holding real estate).
If the real estate investor can make a compelling case for your hardship, and how the property has flaws that will depreciate its value and make it difficult to sell, the bank may allow the real estate investor to purchase your defaulted mortgage at a discount.
The bank, if accepting the short sale, will require a fast closing and require the investor to pay with cash so they can wipe off the non-performing asset from their books.
This is a way to stop foreclosures in Michigan, but keep in mind you will have to move out of your house. On the upside, you get to avoid the foreclosure and its consequent damage on your credit.
Another option is to try to lease option your home. Lease option is also called rent to own. This simply means you try to find a tenant-buyer for your property who will move in, take over your monthly mortgage payments, and then has an option to purchase your home at the end of the contract (usually 12 to 24 months). This will allow you to stop foreclosures in Michigan by avoiding the foreclosure auction.
Keep in mind, the closer you are to the actual sheriff's sale, the harder it will be to employ this strategy because it takes time to find a tenant-buyer for your property.
Real estate investors can also help you lease option your property because through their networks and contacts, they may be more readily able to find a tenant-buyer for your home than you can on your own. Experienced investors also have the proper team in place: attorneys, real estate brokers, etc to make sure the lease option contracts are done properly.
Another way to stop foreclosures in Michigan is via a forbearance. You would need to work this out with your bank (lender). An approved forbearance will allow you to delay mortgage payments for a short while, but you will have to work on a plan to bring your missed payments current.
For example, let's say you have a $1,500 a month mortgage payment and missed 3 payments, for a total of $4,500 in arrears.
Let's say you lost your job or had some other emergency in that time frame that caused you to miss those payments. But now you've found another job and can make the mortgage payments again. If the bank accepts a forbearance plan with you, they may require you to pay $1,800 a month, as an example, of which $1,500 will go to your monthly mortgage payment and the extra $300 a month will go to pay the $4,500 you are in arrears until you are current.
Keep in mind, forbearances are not always accepted by the lender, and you almost always need to be in a situation where you can start making the mortgage payments again, so they obviously don't help people who are in no situation to do so.
One of the last options to stop foreclosures in Michigan is to file for bankruptcy. Bankruptcy is a legal issue, so talk to an attorney about this.
However, just know that a bankruptcy may not be your best option. It will shatter your credit for years, it often costs thousands of dollars, and in the end, it will not assure you that you'll be allowed you keep your house.
More info on your stop foreclosure information search:
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